First, you should know winning a tribunal unemployment hearing (the first one) is not as easy as just telling the truth.
Unemployment appeals are nuanced with the fallibility of human characters .. sometimes up to and including the hearing officer that presides over the one and only full fact finder you're likely to get.
I hate to bust the bubble most unemployment claimants are floating about in wearing rose colored glasses, but not all unemployment hearings are, fair and impartial, even if that is mandated by federal unemployment insurance law..
Have I mentioned lately that unemployment laws vary by state and so do recipiency statistics? (Play around with #13.)
First level unemployment appeals is any aggrieved party's right and it signals your disagreement with an unemployment determination issued by the claims department.
The letter serves to transfer resolution of the claim dispute to the appeal section of a department. There, the request prompts the docketing of a tribunal hearing (the full fact finder).
Once the hearing has been concluded a decision will be issued by an ALJ (administrative law judge) referee, commissioner, or the hearing officer who presided over the hearing.
All party's have certain rights to due process during a tribunal hearing that can certainly impact the outcome ..
And that may be one of the problems for employees with little to no experience at unemployment hearings ..
They tend to go to hearings pro se (self represented) and rely entirely on the hearing officer to protect their rights during the hearing.
In fact, I can provide an unemployment precedent decision or two on request, which explains ignorance is not good cause for failing to adequately represent yourself.
So, here's a good question to ask.. What are some of those procedural rights to due process claimants fail to understand the benefit of during a hearing?
The reason these rights are important .. is because depending upon what the hearing officer does during the hearing and what the outcome of the hearing decision is, his/her procedural errors become fodder for legitimate board of review appeals.
Anyone not understand now that a board of review doesn't re-examine or want new evidence in regard to the circumstances of your job separation, but reviews the hearing officer's conduct of the hearing which should be in compliance with the rules of procedure for administrative law hearings within a state jurisdiction.
So, I ask you .. do you know where you are in the unemployment process below?
When you are allowed benefits, the employer will decide whether to become the appellant to show fully why the initial determination allowing benefits was erroneous
When you are denied unemployment benefits, you must decide whether you have the necessary merits to win an appeal hearing .. before you proceed to the next step .. which is to prepare yourself fully to win.
There is not one unemployment question I've answered where I wasn't looking ahead to the potential for rebuttal of,, or the ability to sustain a burden of proof .. always assigned to the moving party.
A Sample Letter That Won't Hurt Your Chances of Winning. There is absolutely no reason to begin the unemployment appeal process with an untenable letter that could actually be used alone, to deny your benefits.
Have Questions About Unemployment Hearings? You should be able to find something in the experiences and problems these folks often only learned of .. once at hearing, or when the decision came back unfavorably. Most are an argument to start real preparation efforts to win
Q&A's - Ask a Basic Unemployment Question about quitting, or getting fired and I usually point to how a basic argument is made. And it's usually because of what UI Law says .. about the issue the person raised in their question to me.
Free Case Evaluations or Referrals to Professional Unemployment Hearing Representation - This is your opportunity to fight fire .. with the same fire thousands upon thousands of employers rely on to deny unemployment benefits. Expertise in anything is gained through multiple experiences.
Know the Level of Your Unemployment Appeal - It matter to what you need to argue about.